Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 27

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

232BPage 331, line 36, leave out "and"
232CPage 331, line 37, at end insert "; and
(e)  he does not fall within subsection (4) below"
232DPage 332, line 4, at end insert—
    "(4)      A person falls within this subsection if, in the opinion of the appropriate officer—
    (a)  that person has a close present or former connection with the administration of justice, and
    (b)  as a result other jurors might give that person's views undue weight.""
232EPage 332, line 24, at end insert—
 "6A      After section 9(3) (discretionary excusal) there is inserted—
    "(3A)      Crown Court rules shall provide for questions arising in relation to the application of section 1(1)(e) to any person to be resolved by the court.""
 

After Clause 294

 

THE BARONESS WALMSLEY
THE BARONESS MASSEY OF DARWEN

233Insert the following new Clause—
  "Principles of the youth justice system
  For section 37(2) of the Crime and Disorder Act 1998 (c. 37) (aim of the youth justice system) there is substituted—
    "(2)  The youth justice system shall also have regard to the following principles—
    (a)  the welfare of the child shall be the paramount consideration;
    (b)  deprivation of liberty should only be used as a measure of last resort and for the shortest possible time;
    (c)  any decisions must be made in the best interests of the child.
    (3)  In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to the aim and principles.""
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

233AInsert the following new Clause—
  "Overcrowded prison establishments
  No prison shall hold more prisoners than is provided for in its certified normal level of accommodation without Parliament being informed and then only when it is deemed safe to do so by the responsible authority."
 

Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

234Page 338, leave out lines 4 and 5 and insert—
"(2)      A parenting order is an order which requires the parent—
(a)  to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
(b)  subject to sub-paragraph (3A) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer."
235Page 338, line 6, leave out from "under" to "are" in line 7 and insert "sub-paragraph (2)(a) above"
236Page 338, line 9, at end insert—
"(3A)      A parenting order under this paragraph may, but need not, include a requirement mentioned in subsection (2)(b) above in any case where a parenting order under this paragraph or any other enactment has been made in respect of the parent on a previous occasion.
(3B)      A counselling or guidance programme which a parent is required to attend by virtue of subsection (2)(b) above may be or include a residential course but only if the court is satisfied—
(a)  that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the commission of any further offence by the offender, and
(b)  that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances."
237Page 338, line 14, leave out ", (5)"
 

Clause 295

 

THE BARONESS SCOTLAND OF ASTHAL

238Page 169, line 5, at end insert—
"(   )  every local education authority any part of whose area falls within the relevant area,"
239Page 169, line 24, at end insert—
 ""local education authority" has the same meaning as in the Education Act 1996 (c. 56);"
239ZA[Withdrawn]
 

Clause 298

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 298 stand part of the Bill.
 

After Clause 298

 

THE BARONESS ANELAY OF ST JOHNS

239ZBInsert the following new Clause—
  "Excluding civil liability of victims of crime
(1)  A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.
(2)  Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3)  For the purpose of subsection (1) "victim" is defined as any person natural or corporate—
(a)  whose interests were affected or threatened by the relevant offender, or
(b)  who believed on reasonable grounds that their interests were affected or threatened by the relevant offender, or
(c)  who was, at the time of the offence, a servant or agent of any person falling within paragraph (a) or (b) and who either knew or reasonably believed that the person's interest were so affected or threatened by the relevant offender.
(4)  For the purposes of subsection (3) "interests" includes—
(a)  any proprietary interest;
(b)  a personal interest in avoiding physical injury.
(5)  For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender."
 

Schedule 29

 

THE BARONESS GIBSON OF MARKET RASEN

239APage 342, line 13, leave out paragraph 10
 

THE BARONESS SCOTLAND OF ASTHAL

239AAPage 343, line 14, at end insert—
    "(5)   In relation to an offence committed before the commencement of section 266(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months."
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Schedule 29 be the twenty-ninth Schedule to the Bill.
 

Clause 299

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

239BPage 171, line 13, after "161" insert "or 163"
 

THE BARONESS SCOTLAND OF ASTHAL

239BZAPage 171, line 26, leave out "order" and insert "instrument"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS SCOTLAND OF ASTHAL

239BAPage 171, leave out line 31
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

239CPage 171, line 32, at end insert—
  "section 163(14),"
239D[Re-tabled as amendment 239BA]
 

Schedule 30

 

THE BARONESS SCOTLAND OF ASTHAL

240Page 344, line 9, at end insert—
"(da)  as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

241Page 348, line 13, leave out ", 6C"
 

THE BARONESS SCOTLAND OF ASTHAL

241APage 355, line 23, at end insert—
 "86A      In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
    "(aa)  the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;".
 86B      In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—
    "(5)      In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
241BPage 355, line 24, leave out "45(1)" and insert "45"
241CPage 355, line 24, after "Appeal)" insert—
"(a)  in subsection (1),"
241DPage 355, line 25, at end insert—
"(b)  in subsection (2) after "sections" there is inserted "23A,"."
241EPage 357, line 8, at end insert—
 "92A      In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
    "(3C)      Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court."
 

Criminal Justice Act 1988 (c. 33)

 92B      In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
(a)  in subsection (3), for "10" there is substituted "11",
(b)  in subsection (9)(b), for "10 and 35(1)" there is substituted "11 and 35(1)".
 

Criminal Appeal Act 1995 (c. 35)

 92C      In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for "case", in both places where it occurs, there is substituted "appeal or application for leave to appeal"."
 

Schedule 31

 

THE BARONESS SCOTLAND OF ASTHAL

242[Withdrawn]
242APage 361, line 2, column 2, at beginning insert—
  "In section 82(4A), paragraph (e) and the word "or" immediately preceding it."
243Page 361, leave out line 11
243APage 361, line 26, at end insert—
  "Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)In section 10(1)(a), sub-paragraph (i) and the succeeding "or"."
243BPage 361, line 33, column 2, at end insert—
  "In Schedule 1, paragraph 15(5)."
243CPage 361, line 33, column 2, at end insert—
  "In Schedule 2, paragraphs 2 and 3."
244Page 361, line 34, leave out "12(1)" and insert ", 10(1), 12(1), 13"
244APage 361, line 40, column 2, leave out "to 82" and insert "and 81"
244AAPage 361, line 43, column 2, at end insert—
  "In section 121(12), the words from the beginning to "paragraphs 56 to 60 of Schedule 8 to this Act;".
244ABPage 361, line 45, column 2, after "13(2)," insert "56, 58, 59"
244ACPage 361, line 46, column 2, leave out "and 132" and insert "132 and 135(3) and (4)"
244BPage 361, line 46, at end insert—
  "Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))In Schedule 5, paragraph 28(b)."
244CPage 362, line 26, column 2, at end insert—
  "Section 106(2) and (3)."
244DPage 362, line 32, column 2, leave out "subsection (2)" and insert "subsection (3)"
244EPage 362, column 2, leave out lines 54 and 55 and insert—
  "(d)   In subsection (5), in paragraph (a) the words from "or paragraph 7" to the end, and in paragraph (b) the words from "42(2E)" to the end."
244FPage 363, column 2, leave out line 26 and insert—
  "In section 168—      (a)   in subsection (1), the words "to subsection (2) below and", and      (b)   subsections (2) and (3)."
244G*Page 363, line 32, column 2, after "90(2)," insert "94,"
245Page 363, line 32, after "90(2)," insert "102,"
245A[Re-tabled as amendment 244G]
246Page 363, line 34, after "187(2)" insert ", (3) and (5)"
246ZAPage 363, line 35, column 2, after "and (3)," insert "186(3) and (4),"
246ZBPage 364, line 8, at end insert—
  "Repatriation of Prisoners Act 1984 (c. 47)In section 2(4)(b)(i), the words "or 29(1)".
  Section 3(9).
  Paragraph 3 of the Schedule."
246APage 364, line 9, column 2, at end insert—
  "Section 31(4)."
246AAPage 364, line 10, column 2, at end insert—
  "In section 34(3), the words from the beginning to "advocate; and"."
246ABPage 364, line 10, at end insert—
  "Crime and Punishment (Scotland) Act 1997 (c. 48)In Schedule 1, paragraph 10(3).
  Crime and Disorder Act 1998 (c. 37)In Schedule 8, paragraphs 57 and 60."
246BPage 368, line 28, at end insert—
  "Magistrates' Courts Act 1980 (c. 43)In section 84(3), the words—      (a)   "imprisonment for a term not exceeding 4 months or", and      (b)   "to both".
246CPage 368, leave out lines 35 to 38
247[Withdrawn]
247A[Re-tabled as amendment 244B]
247B[Re-tabled as amendment 244C]
247CPage 372, line 17, at end insert—

 
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©Parliamentary copyright 2003
13 October 2003